TERMS & CONDITIONS

  • TERMS AND CONDITIONS

Take Shape Health & Fitness Pty Ltd trading as ’Take Shape Adventures’ (‘TSA’ ‘Us’) (ABN 93143572294) provides a range of products and services throughout Australia and overseas destinations. The following terms and conditions (‘conditions’) form the basis of the participant acknowledging that s/he has read and agrees to the terms and conditions of service set out herein prior to registering as a participant in an activity. Take Shape Adventures may change or update the Terms & Conditions at any time and we strongly recommend that you read all information relating to your intended walk or other event and comprehend the location, duration, requirements and the booking terms prior to each time you agree to any purchase. 


  • COVID 

Our priority is to ensure the safety and wellbeing of our customers, staff and partners. From March 2022 onwards, our Covid Policy is as follows: 

  1. All bookings made PRIOR to March 1 2022 will be secured with a 100% date transfer or credit if your adventure (international, domestic, weekend or day event) does not proceed due to DIRECT COVID-19 restrictions. ie: lockdown, positive test, travel restriction.
  2. All bookings made after March 1 2022 will be subject to our Terms & Conditions contained herein.


  • PRIVACY POLICY

Our Privacy Policy governs the manner in which Take Shape Adventures uses, maintains and discloses information collected from users (“User”) of the www.takeshapeadventures.com.au website (“Site”). This privacy policy applies to the Site and all products and services offered by TSA and can be read in full here.


  • COPYRIGHT

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Take Shape Adventures and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Take Shape Adventures.


  • COMMUNICATIONS

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.


  • APPLICABLE LAW

By visiting this website, you agree that the laws of the Australian Government, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Take Shape Adventures and you, or its business partners and associates.


  • USER ACCOUNT

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.


  • BOOKINGS 

All bookings are made to Take Shape Health & Fitness PTY LTD trading as Take Shape Adventures and are processed in Australian dollars ($AU) via our online booking systems and secure software. 

Failure to make the required full or partial payments at our request may result in your booking being cancelled.

All payments are inclusive of GST, merchant fees and booking fees.


  • PAYMENTS 

Upon your purchase of any event, product or service, unless you notify us otherwise, you agree to all fees and all other charges relating to the total purchase being billed automatically each month from the nominated Payment Method provided by you during the purchase process.

Payment Plans for some purchases will automatically be displayed on our site when available.

Our full Payment Plan Terms and Conditions are available here.

  

All deposits are non-refundable.


  • CANCELLATIONS BY THE PURCHASER

If you fail to attend an event on the day for any reason, all monies/vouchers will be forfeited and you will not be entitled to any form of compensation. 

If you cancel your booking prior to the scheduled event, you may be eligible to the following:

Single Day (examples: day walk or experience)

More than 5 days prior to the event, we will provide you with credit for the amount paid less a fee of up to 20%.

Less than 5 days notice will result in 100% forfeit of all monies paid.

One Night Events (examples: overnight hike, kayak safari)

More than 14 days prior to the event, we will provide you with credit for the amount paid less a fee of up to 20%.

Less than 3 days notice will result in 100% forfeit of all monies paid.

Two or Three Night Events (examples: Bay of Fires, Weekend Escape)

More than 30 days prior to an event, we will provide you with credit for the amount paid minus the deposit.

Less than 29 days prior to your event start date, 100% of the event price will be forfeited.

Four Night or Longer Events (examples: International Trips, Ningaloo Reef) 

More than 60 days prior to an event, we will provide you with credit for the amount paid minus the deposit.

Between 59-30 days we will retain 50% of the full cost of the event.

Less than 29 days prior to your event start date,100% of the event price will be forfeited.

Challenge Events (including ‘Hike The Night’) 

Your registration fee for this type of event is non-refundable under any circumstances, nor do we issue any partial refunds or credits.


  • EVENT POSTPONEMENT 

Any event that cannot be conducted for any reason will be postponed until the next most suitable day or season. Take Shape Adventures reserves the right to postpone sessions, events or activities at any given time including on the day on the day of said activity. If we choose to postpone a session, event or activity this is generally due to, but not limited to; insufficient participants, extreme weather (Severe Winds/ Hail/ Torrential Rain/ Severe Fire Danger/ Lightning); Park Closures, declared Total Fire Ban days or Fuel Reduction Burns, transportation failure or staffing constraints. 

Our policy for postponed events is to: 

  1. Automatically move all participants to a new event date. The new date may be constrained by such factors including but not limited to weather, booking availability, seasonal variations or requirements and staffing. 
  2. If the new date is not suitable to the participant, a credit for the full booking amount will be provided. 

All credit is subject to our credit terms contained within.

Take Shape Adventures will not provide refunds for events booked that are postponed.

Participants are not entitled to claim any form of refund or compensation from TSA for cancellations, this includes but is not limited to Accommodation / Flights / Fuel / Loss of Income or any additional expenses incurred.

Participants will be notified of an event postponement via email, text and/or phone call. 


  • EXCLUSIONS

The following items are excluded from all events:

Personal Insurance 

Transport to and from the event site or start location (some events)

Additional activities unless stated as inclusive at time of booking.


  • FLEXIBILITY AND ITINERARY CHANGES

Purchasers acknowledge that the nature of this type of outdoor adventure travel may require considerable flexibility and should be prepared for itinerary changes. The itinerary provided is representative of the planned route / trip / event, but it should be understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. 

Whilst TSA endeavors to operate all trips as described we reserve the right to change any itinerary before or during any event due to local circumstances or events outside of our control. Take Shape Adventures are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as additional accommodation requirements, food, or non-refundable flights. When modifying an event, we will endeavour to retain the original value offer and the grading of the event.


  • THIRD PARTY PROVIDERS

Some optional activities that form part of the event or this contract may be provided by an independent company. In this instance, TSA has contracted a third party company or qualified individual to provide specialist services. The contract for the provision of that activity will be between you and the activity provider. By participating in the activity, you also accept that any assistance given by the specialist leader in undertaking the activity does not render TSA liable for them in any way. 


  • INSURANCE

It is strongly recommended that participants have a minimum of Ambulance Subscription from their home State or Territory. Similar levels of cover may be available through your personal Credit Card or Health Insurance Programs, however we strongly recommend participants confirm this prior to attendance.

It is compulsory that participants obtain Travel Insurance for all international travel and it is recommended this be obtained within 48hrs of any event booking. When selecting a travel insurance policy please ensure it has the appropriate level of medical coverage and emergency rescue, plus personal liability, cancellation, curtailment, loss of luggage and personal effects. 

Take Shape Adventures can provide Personal Travel Insurance through our Insurance Program which is provided through Cover-More. This Insurance Cover is provided independent from any event price and can be purchased at any time regardless of existing or proposed bookings with TSA. Please visit our website for more information. TSA will not accept responsibility or provide assistance if problems arise due to a participant having insufficient cover purchased through TSA or another provider. 


  • VISA AND PASSPORT REQUIREMENTS

All international participants must have a valid passport with at least 6 months validity after the trip return date. All participants are also responsible for their own visa requirements for all countries on the proposed tour. Participants are solely responsible for meeting the necessary passport and visa entry requirements and paying all associated costs. TSA is not responsible for any delay, entry refusal or loss resulting from incorrect travel documents, visas or other travel documentation.


  • AGE AND HEALTH REQUIREMENTS

Take Shape Adventures has the right to exclude any person from participating in our activities. This includes if at any time the trip leader concludes the participant does not meet the minimum health and fitness requirements to safely undertake the activity. Participants must not attend an event under the influence of alcohol or drugs. Failure to disclose information about any illness, physical limitations or injuries exempts TSA from any liability. 


  • MEDICAL DISCLOSURE 

By agreeing to these Terms & Conditions, you agree that you have disclosed to TSA all medical conditions, medications, allergies, food intolerances, or injuries that may affect your ability to undertake activities with TSA. You also agree that you know of no medical or other reason (other than as disclosed by you) why you cannot participate in active exercise. You further acknowledge that you have not been given advice from a medical professional that would be contravened by your attendance at a TSA event. 


  • TRAVELLING WITH MINORS

All TSA activities have a minimum age limit of 12 years old or over to participate. This is due to the skills, coordination, and endurance required to generally undertake our events. Any person under the age of 18 must be accompanied by a responsible adult.


  • DISCLAIMER OF WARRANTIES; LIMIT OF LIABILITY

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that TSA is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, Take Shape Adventures is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

The participant acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the supplier to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the supplier for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the supplier.

The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

In no case shall Take Shape Adventures Site, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


  • ACCEPTANCE OF RISK

The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. Our full recreational activity risk and acknowledgement clause can be read here (insert link to activity waiver) https://takeshapeadventures.com.au/activity-waiver-2/

These Terms & Conditions shall bind the participant and his or her executors. 

In some of our destination countries, the safety, hygiene and infrastructure standards may be at a lower standard than you as a participant is accustomed to. Take Shape Adventures liaises with its international staff and providers to reduce risk, however all participants agree and assume liability for any higher level of personal risk. 


  • FOOD HEALTH AND SAFETY

TSA prepares and provides meals during its single day events and some of its multi-day events. Although occupational health, safety and food handling best practices are followed by TSA and its staff and contractors, we cannot guarantee all traces of nuts, egg, dairy, gluten and other known allergens are fully removed.  TSA will not accept responsibility or liability for an adverse reaction to any food provided. In attending an event, particularly walks of an extended nature or overnight hikes, participants agree that food either prepared or served in the field may not meet all hygiene standards.


  • GIFT VOUCHERS / CREDIT

Vouchers include but are not limited to all gift card purchases, credit from postponed events, multiple walk offers, promotions and birthday certificates.

Vouchers expire 36 months from the date of purchase.

Bookings can be made for future listed events, however the event must be within the 36 month expiry period.

Vouchers are valid only within Australia and its value is equivalent to the Australian currency as printed.

Vouchers are not refundable or exchangeable for cash and any unused balance at the expiry date will not be refunded.

Multiple vouchers may be used in a single transaction.

In the event that the value of the voucher(s) used in a single transaction does not cover the full cost of the goods or services purchased, the balance must be paid by the voucher holder.

Take Shape Adventures shall not be responsible for any claims, demands, losses, costs, expenses or liability of any kind whatsoever suffered, arising from or in connection with loss or improper, or unintended use of this voucher.

Vouchers can be applied to existing bookings made with Take Shape Adventures at our discretion.

Take Shape Adventures reserves the right to vary/amend the terms & conditions associated with vouchers and their use. Take Shape Adventures reserves the right to discontinue its vouchers or promotions at any time.


  • LOAN OF EQUIPMENT

These conditions govern the rental and/or borrowing of any equipment, clothing or goods whatsoever (“Equipment”) by the participant from Take Shape Adventures.

The participant acknowledges and agrees that no representations have been made by TSA in relation to the suitability of the Equipment for the Customer’s purposes.

The participant shall ensure that they, and anyone else who may use the Equipment, uses it safely, and as per the manufacturer’s instructions and with the necessary care, skill and diligence required to use the Equipment.

If the Equipment is lost, stolen or damaged (which Take Shape Adventures shall determine in its sole discretion) then the Customer shall pay any replacement or repair costs determined by us.


  • TRANSFER OF PLACE

You can transfer payment or attendance of an activity or event to another person at our sole discretion.


  • MARKETING AND PHOTOS

You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose.  You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.


  • FEEDBACK AND COMPLAINTS

Your feedback is welcome and important in helping us to resolve our clients concerns with all aspects of Take Shape Adventures and the products, services and activities it provides.

If you have any constructive feedback or a complaint we encourage you to inform us by email or by calling us during our normal business hours. We will use its best endeavours to respond to your feedback promptly.


  • CONTACT US

If you have any questions about these Terms & Conditions, our practices, pricing and payments, or any other dealings with our staff, please contact us at:

hello@takeshapeadventures.com.au

Or write to 

PO Box 5005 

Alphington, Victoria 3078

Australia